HBA-NMO, JRA S.B. 469 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 469 By: Harris Judicial Affairs 5/22/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Current law provides that a court of appeals must store duplicate case records for 10 years. Maintaining such records may impose significant costs to a court, particularly in obtaining and keeping storage space. S.B. 469 requires the clerk of a court of appeals to destroy case records of a civil case one year, rather than 10 years, after final disposition of a case, providing exceptions. This bill further requires the clerk to destroy case records of certain criminal cases 25 years after the final disposition of a case, providing exceptions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 51.204, Government Code, as follows: Sec. 51.204. RECORDS OF COURT. (a) Makes no change. (b) Requires the clerk of the court to notify the attorneys of record in a case that exhibits on file will be destroyed one year, rather than 10 years, after final disposition of the case. (c) Requires the clerk, not sooner than the 60th day and not later than the 90th day after the date of final disposition of a criminal case, rather than a case, to remove and destroy all duplicate papers in the file on record of that case. (d) Requires the clerk, one year, rather than 10 years, after the final disposition of a civil case in the court, and not sooner than the 90th day after the date the clerk provides notice to the district or county clerk, to destroy all records filed in the court related to the case. Includes among the exceptions to this subsection records that the clerk of the trial court requests be returned to the trial court for preservation. Makes conforming changes. (e) Requires the clerk, not later than the 25th anniversary of the final disposition of a criminal case in which the cumulative time of sentence, suspended sentence, and community service, alone or in combination, is 20 years or less, to destroy all records relating to the case, other than those excepted in Subsection (d). (f) Redesignated from existing Subsection (e). (g) Redesignated from existing Subsection (f). SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 (1) SECTION 1. In Subsection (b), requires the clerk of the court to notify the attorneys of record in a case that exhibits on file will be destroyed three years, rather than 10 years, after final disposition of the case. (2) SECTION 1. In Subsection (d), requires the clerk, six years, rather than 10 years, after the final disposition of a civil case in the court, and not sooner than the 90th day after the date the clerk provides notice to the district or county clerk, to destroy all records filed in the court related to the case. Committee Amendment #2 (1) SECTION 1. In Subsection (e), requires the clerk, twenty-five years after, rather than not later than the 25th anniversary of, the final disposition of a criminal case in which the cumulative time of sentence, suspended sentence, and community service, alone or in combination, is 20 years or less, to destroy all records relating to the case, other than those excepted in Subsection (d). (2) SECTION 1. Makes a nonsubstantive change.